After a Change Order has been agreed, if it is later found that there were errors in its preparation (incorrect exchange rate applied, for example) or impropriety on the part of the contractor in overstating the resources employed, or even discovering that the work the contractor is claiming as additional was in fact actually part of the contractor's responsibilities according to the original signed contract, can the Change Order be revised or rescinded?
Of note, I am coming late to a contract that has not been managed well.
Grant S. Murdie, MSc, CEng CEnv
email@example.com ...Read More
I’m a sub contractor that hasn’t been paid for change orders or last contract payment. As soon as we requested payment For change orders the GC requested us to leave the site before finished. Do we request payment for the full contract amount and change orders?...Read More
"Schedule of Values" was attached to A101 form as "a Exhibit". The Schedule of Values is composed of 3 columns like Division#s-Work descriptions-Prices. For example, Division 1. General Conditions / 1. Job site clean up / $12,000.00 etc.
The Schedule of Values shows total 18 Divisions, 55 Work Descriptions, 59 Prices and 6 Exclusions. Actually the work descriptions don't include all indications drawn and written on drawing documents. Contractor says I don't have to install any items not including in the schedule even though the drawing specified materials like LARR #. For example, Porcelain-Paver on roof deck, Trash Chute etc. I guess the Schedule of Values shall be used as a payment method only instead of work scope or change order if General did not indicate the items in Exclusion.
I am an Electrician. The customer wanted to do the work. The work went from 6 feeder terminations to 6 terminations plus a new swimming pool. After the rough inspection the inspector wants a final on the swimming pool. This requires more work and trips for the job. When I let someone o their own work it is a minimum of 3 trips, i charge $50 a trip. Customer said he was ready for inspection I inspected and he was'nt ready requiring return trip plus trip for final if he's got it right. He's replying to emails or text messages. what can i do?...Read More
I am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future.
How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?...Read More
We are contracted with a door manufacture under a GC on a Navy installation, and our contract is with a subcontractor of the GC, and in our contract we have standby and delay times and have over $70k in change orders for being delayed and put on standby numerous times, and the company we are contracted with is stating they don't have to pay us unless the Navy pays them, even though they agreed to our terms for the standby time were disclosed and greed out the gate and we are NOT pay hne paid, our contract is NET 30. We do have a copy of his bond on this job. Is he still liable even if the Navy or the GC don't pay him? Looking for a local attorney to have for these questions too. ...Read More
Can a homeowner say the contractor is responsible for additional work by saying the plans/blue prints under "General Notes"and are considered the contract if the contractor has a detailed scope that does not indicate other ?...Read More
HomeWise Builders is handling a remodeling job for the Willis Property owners. The Willis Property is now unwilling to pay milestone payments per the signed agreement stating that they want more things done and wanting documentation showing where monies have been applied, etc. They are contesting change orders that were requested by them and are not willing to pay pricing given for work completed. We have subcontractors that are not able to be paid due to their unwillingness to pay invoice(s) released. Notified early this week that they are making amendments to the original contract in order to pay. Need assistance in figuring out next steps - can we stop work moving forward and push that they need to pay for work completed?...Read More
New home build in Maine. Financed through a construction loan. Home is almost finished and I just got a final invoice and it is significantly more than the original estimate (which is how much my loan is for). We have made some changes along the way but never signed any change orders. The contractor gave me verbal prices for some of the changes and others I have the prices in text or email. The final invoice shows these as much more than what he told me they were going to be. I had money set aside to pay him for the overages based on what he told me they were going to cost. But now there is a difference of about $50,000 and I don't have that money laying around. Basically I budgeted for the changes I made throughout the build based on the prices he gave me. If I knew everything I chose to add to was going to be double what he told me it would be I wouldn't have added anything. What are my options? ...Read More
we are a subcontractor on a commercial Job we have a signed contract with the builder, however they requested us to perform extra work not included in our contract. they requested it via email and they approved the proposals we sent for the extra work. however they never created an official signed change order. we performed the work and now they refuse to pay for the extra work. we have proof they requested the work to be completed and proof they approved the totals we said they would charge however everything is in email not in official signed change orders. can we legally place a lien on this even though it was not formally approved only informally?...Read More
We are a subcontractor working for a GC on a puplic project .We filed a lien for non payment of change orders authorized(and work supervised) by the GC verbally .We notified the University that we where liening the GC.
See response from GC's attorney....Read More